Trade Mark Opposition

During Trade Mark Registration Process, after Publication of the Application in the Trade Mark Journal and before registration, anyone can oppose registration of the mark. Under such conditions, Trade Mark Applicant is required to file a counter statement within two months with the Trade Mark Registrar.
A Trade Mark may be opposed mainly on the absolute grounds under Section 9 or on relative grounds under Section 11 within a period of four months from the date of advertisement or re-advertisement in the Trade Mark journal. The mark may also be opposed on the grounds of Sections 12, 13 and 14.

Process

  • OppositionAfter Trade Mark is published in the Trade Mark journal, any person can file a notice of opposition within 4 months from the date of publication.
  • Counter StatementTrade Mark notice of opposition is served to the Applicant, who can file a counter statement within two months of the receipt of notice. If not filed within the stipulated time, the Trade Mark Application is deemed to be abandoned.
  • HearingAfter Counter Statements and Evidences are filed, Registrar can call the Applicant and Opponent for a hearing.
  • Registration or RejectionIf the Registrar is satisfied with the evidences provided by the Applicant, the Trade Mark may be registered and Registration Certificate can accordingly be issued. On the other hand, if the Registrar is not satisfied, the Trade Mark application may be rejected.

Timelines

 

Documents Required

  • Power of Attorney